eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Manatee County
 Land Development Code
 Chapter 11. IMPACT FEES

  § 1105. Impact Fee Refunds.  

Latest version.

  • Editor's note— Ord. No. 17-24 , § 3(Exh. A), adopted Dec. 7, 2017, repealed the former § 1105, §§ 1105.1—1105.3, and enacted a new § 1105 as set out herein. The former § 1105 pertained to refunds of impact fees paid and derived from Ord. No. 15-43 , § 4(Exh. B), adopted Dec. 3, 2015.

    1105.1.   Timeliness of Impact Fee Commitments and Expenditures.

    A.

    Encumbrance of Expenditure within seven (7) Years. Any Impact Fees collected that have not been spent or encumbered within seven (7) years after the Certificate of Occupancy was issued shall be eligible to be refunded to the Feepayer or the Feepayer's Successor-in-Interest, along with interest at the portfolio year-end rate per annum since the date of payment, except as otherwise noted in this section.

    B.

    Extension of Time. The Board may by resolution extend for up to three (3) years the date at which Impact Fees shall be refunded. Such an extension shall be made only upon a finding that within such three (3) year period, specific Improvements for County Capital Facilities are planned and will be constructed that will sufficiently benefit the Impact-Generating Land Development for which the Impact Fees were paid. In the case of such an extension, any Impact Fees collected that have not been spent or encumbered within such extension period shall be refunded to the Feepayer or the Feepayer's Successor-in-Interest, along with interest at the portfolio year-end rate per annum since the date of payment.

    C.

    Refund. In order to be eligible to receive a refund of Impact Fees, the Feepayer or the Feepayer's Successor-in-Interest shall be required to submit an application for such refund to the County Impact Fee Administrator. Refunds for proceeds not timely expended shall be made by the County Impact Fee Administrator within one (1) year following the seventh year from the date on which the Certificate of Occupancy was issued for the Impact-Generating Land Development or the expiration date of the extension, whichever is later. If the Feepayer or the Feepayer's Successor-in-Interest does not apply for a refund, the funds shall remain in the impact fee account until spent.

    D.

    Successors-in-Interest. If the Successor-in-Interest claims a refund of Impact Fees, the County Impact Fee Administrator may require written documentation that such rights have been conveyed to the claimant prior to issuing the requested refund.

    E.

    Payment and Interest. The County Impact Fee Administrator shall approve the refund application if it is determined that the Feepayer has paid Impact Fees the County has not spent within the period of time permitted under this section. The refund shall include the Impact Fees paid plus interest at the portfolio year-end rate per annum, less any applicable administrative fees adopted pursuant to Section 1108.5 (Administrative Fee).

    (Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1105.2.   Failure to Initiate Development and Mistakes.

    If Impact Fees are calculated and paid based on a mistake or misrepresentation, they shall be recalculated. Any amounts overpaid by a Feepayer shall be refunded by the County within ninety (90) days. If a Feepayer has paid Impact Fees required by this chapter and has obtained a Building Permit, and the Building Permit for which the Fee was paid later expires without the possibility of further extension, then the Feepayer or the Feepayer's Successor-in-Interest shall be entitled to a refund of the Fees paid, without interest, and less any applicable administrative fees adopted pursuant to Section 1108.5 (Administrative Fee). In order to be eligible to receive a refund of Impact Fees, the Feepayer or the Feepayer's Successor-in-Interest shall be required to submit an application for such refund to the County Impact Fee Administrator within ninety (90) days after the expiration of the Building Permit for which the Fee was paid. If a Successor-in-Interest claims a refund of Impact Fees, the County Impact Fee Administrator may require written documentation that such rights have been conveyed to the claimant prior to issuing the requested refund.

    (Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1105.3.   Limitation.

    After Impact Fees have been paid pursuant to this chapter, no refund of any part of the Fees shall be made if the Impact-Generating Land Development for which the Fees were paid is later demolished, destroyed, or is altered, reconstructed or reconfigured so as to reduce the size of the development or the number of service units in the development.

(Ord. No. 17-24 , § 3(Exh. A), 12-7-17)